PRIVACY POLICY

 

 

 

1.      INTERPRETATION

The headings of the clauses in this privacy policy are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this privacy policy nor any clause hereof.  Unless a contrary intention clearly appears:

1.1.         words importing:

1.1.1.           any one gender include the other two genders;

1.1.2.           the singular include the plural and vice versa; and

1.1.3.           natural persons include created entities (corporate or unincorporate) and the state and vice versa;

1.2.         the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

1.2.1.           “App” means the mobile based dating app known as KOER, including any web-based derivatives thereof.

1.2.2.           “ECTA” means the South African Electronic Communications and Transactions Act No. 25 of 2002;

1.2.3.           “KOER” means Die Bende (Pty) Ltd, a private company with registration number 2019/42247/07, duly incorporated in terms of the laws of South Africa,  and “we”, “us”, “our” and “ours” will have a corresponding meeaning;

1.2.4.           “Personal Data” means personally identifiable information about you, including, but not limited to, your name, gender, job description, image, biography, sexual orientation and/or preference, birthday,
e-mail address, telephone number or mailing address or other information private information about yourself that you may provide to KOER;

1.2.5.           “POPI” means the Protection of Personal Information Act 4 of 2013;

1.2.6.           “Privacy Policy” means this privacy policy as provided for in this document and deemed incorporated to the Terms of Use;

1.2.7.           “Terms of Use” means the provisions as contained in the Terms of Use also available on the KOER mobile application and/or App;

1.2.8.           “User” means a consumer that uses the App and the terms “you”, “your” and “yours” when used in these Terms of Use means any user of the App and “use”, “using” and “used” means the accessing of the App and viewing of the App’s content.

 

2.      SCOPE OF PRIVACY POLICY

2.1.         We are committed to the privacy and confidentiality of information provided by you to us. This Privacy Policy describes our current policies and practices with regard to Personal Data collected by us from you directly and/or through the App to the extent that such Personal Data is protected by applicable South African data protection laws, including, but not limited to, ECTA and POPI.

2.2.         KOER and its employees respect your privacy and the protection of your personal information is of the utmost importance to us. In the interests of ensuring that users of this App are adequately protected when supplying personal information, KOER voluntarily subscribes to the principles outlined in Section 51 of ECTA and POPI as a whole under this Privacy Policy.

 

3.      NOTIFICATION OF CHANGES TO THIS POLICY

We are continually improving our methods of communication and adding new functionality and features to this App and to our existing services. Because of these ongoing changes, changes in the law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will notify you of the changes via this page. We encourage you to check this page frequently.

 

4.      COLLECTION OF PERSONAL DATA INCLUDING E-MAIL ADDRESSES

4.1.         You may choose to buy products or services from us or receive additional information or services from us. When you purchase our services or products or request additional information, we will request Personal Data from you including, but not limited to, your name, postal address, e-mail address, telephone number and payment details. We may also ask for demographic information to enable us to provide a personalised service to you. 

4.2.         The information you provide is either manually or electronically stored in our databases. We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postal or zip codes are received, we may use third party software to fix them.

 

5.      USE OF PERSONAL DATA

5.1.         We process your Personal Data only for specific and limited purposes.   We ask only for data that is adequate, relevant and not excessive for those purposes. Where we send you information for any purpose, it may be sent by e-mail or post. When we ask you for Personal Data, we tell you the purposes for which we will process that data. Some of these purposes may include the following:

5.1.1.           We may contact you occasionally to inform you of new products and services we will be providing;

5.1.2.           We may send you regular updates on issues we think will be of interest to you, including but not limited to promotions organised by business associates and third parties;

5.1.3.           We may send you requested information on our products and services;

5.1.4.           We may use your Personal Data for marketing purposes and market research;

5.1.5.           We may use your Personal Data internally to administer the App and help us improve our services.

5.2.         Your Personal Data will not be collected, collated, processed or disclosed by KOER without your express written consent, unless we are legally required to do so.

5.3.         Your Personal Data will only be electronically requested, collected, collated, processed or stored by KOER if it is lawful for us to do so.  Should your Personal Data be required, KOER will disclose to you in writing the specific purpose for which it is needed. Furthermore, KOER will not disclose your Personal Data for any purpose other than the one disclosed to you, nor will it disclose any of your Personal Data to a third party without your express written consent, unless it is required of us by law.

5.4.         KOER will keep a record of your Personal Data and the purpose for which it was used and will take all reasonable steps to ensure that your Personal Data is kept confidential and secure by storing it on our secure database.

5.5.         KOER keeps all financial information that it records strictly confidential and will not disclose it to any third party that has no right or title to the information.

5.6.         KOER will endeavour to take all reasonable and necessary precautions to secure access to your transactions - however, it cannot guarantee the confidentiality of your transactions.

5.7.         KOER will not be held liable for any Personal Data that you disclose to a third party whose link may be found on this App. Ensure that you refer to that third party’s privacy policy before you disclose any of your Personal Data.

5.8.         KOER’s App may make use of cookie and tracking technology, whereby information that you send whilst on the site, is saved on your hard drive and the KOER App will know who you are when you next visit. This technology is useful for gathering information such as browser type and operating system, for tracking the number of visitors to a site and understanding how visitors use the App. Personal information cannot be collected via cookie technology.

5.9.         KOER may use your Personal Data for marketing purposes within KOER and may send you promotional material or details that it thinks may be of interest to you. You will however always be given the opportunity to instruct us to refrain from doing so and to have us remove your details from our mailing list.

5.10.      This Privacy Policy may be amended from time to time without any notice to you. Use of this App by you will at any time automatically bind you to the Privacy Policy that is current at that moment.

 

6.      ANONYMOUS DATA COLLECTED THROUGH THIS APP

6.1.         In addition to the information we collect as described above, we use technology to collect anonymous information about the use of our App.  For example, our web server automatically logs which pages of our App our visitors view, their IP addresses and which web browsers our visitors use.  This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our App.

6.2.         Our App contains hyperlinks to other pages on our App. We may use technology to track how often these links are used and which pages on our App our visitors choose to view.  Again this technology does not identify you personally – it simply enables us to compile statistics about the use of these hyperlinks.

 

7.      COOKIES

7.1.         In order to collect the anonymous data described in the preceding paragraph, we may use temporary “cookies” that remain in the cookies file of your browser until the browser is closed.

7.2.         Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not.   For more information on deleting or rejecting cookies, please visit www.allaboutcookies.org.

7.3.         We also use your IP address to help diagnose problems with our server and to administer our App. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information, such as determining how many of our visitors are from outside of the UK.

7.4.         We may also perform IP lookups to determine which domain you are coming from (i.e: aol.com, yourcompany.com) to more accurately gauge our users' demographics.

 

8.      DISCLOSURE OF YOUR PERSONAL DATA

8.1.         We do not share, sell or distribute your Personal Data with unrelated third parties, except as otherwise provided for in this Privacy Policy and under these limited circumstances:

8.1.1.           In order to provide you with the information or products which you have requested, Personal Data may occasionally be transferred or shared with third parties who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Data in order to support our information technology or to handle mailings on our behalf.

8.1.2.           We will keep your contact details on our database and may, from time to time, e-mail or post you information to make you aware of our other similar products and services which may be of interest to you.  If you do not wish to receive e-mails or post from us for these purposes, please let us know by following the “unsubscribe” procedure provided for in the correspondence.

8.1.3.           Where you have consented, we may also disclose your Personal Data to other businesses who may contact you about their products or services that may interest you.

8.1.4.           We may share, transfer or disclose the information in our databases and server logs to comply with a legal requirement, for the administration of justice, interacting with anti-fraud databases, to protect your vital interests, to protect the security or integrity of our databases or this App, to take precautions against legal liability, or in the event of our sale, merger, reorganisation, dissolution or similar event.

8.2.         Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data and to comply with applicable law.

 

9.      DATA INTEGRITY AND SECURITY

We strive to maintain the reliability, accuracy, completeness and currency of Personal Data in our databases and to protect the privacy and security of our databases. The security measures in place on our App and computer systems, aim to protect the loss, misuse or alteration of the information you provide to us. We keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

 

10.   DATA ACCESS AND CORRECTIONS

10.1.      Upon receipt of your written request and enough information to permit us to identify your Personal Data, we will disclose to you the Personal Data we hold about you, for which we may make a small charge. We will also correct, amend or delete any Personal Data that is inaccurate and notify any third party recipients of the necessary changes. You may update any information you have given to us by contacting us at the addresses given below.

10.2.      Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations imposed on us.

 

 

11.   LINKS TO OTHER APPS

This App may contain hyperlinks to Apps that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party Apps or any association with their operators.  We do not control these Apps and are not responsible for their data or privacy practices.  We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself.

 

12.   TRANSFER OF DATA ABROAD

12.1.      We may, from time to time, share your Personal Data with our subsidiary or parent company. We will ensure that any such data transferred is appropriately protected and made pursuant to a contract or other measure providing adequate protection.

12.2.      If you are visiting this App from a country other than the country in which our servers are located (currently South Africa), the various communications will necessarily result in the transfer of information across international boundaries.

12.3.      By visiting this App and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Privacy Policy.

 

13.   GOVERNING LAW

13.1.      This Privacy Statement forms part of our App Terms of Use which can be accessed on the App and as such shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to any conflict of laws provisions.

13.2.      You agree that the laws of the Republic of South Africa shall govern any controversy or claim of whatever nature arising out of or relating to the Use of this App, without regard to any conflict of laws provisions, and you hereby irrevocably consent and submit yourself to the personal jurisdiction of the courts of the Republic of South Africa for all such purposes. 

 

14.   FEEDBACK

We welcome comments about this Privacy Statement. If you have any questions about this Statement or any part of our service, you may contact us by emailing info@koer.co.za.